The Pollution Prevention and Control Act 1999 (Commencement No. 3) (Scotland) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order partially commences section 6(1) and (2) of, and partially commences Schedules 2 and 3 to, the Pollution Prevention and Control Act 1999 (“the 1999 Act”) for Scotland only.

Article 2(1) of the Order brings into force on 1st April 2015, section 6(1) of, and Schedule 2 to, the 1999 Act in so far as it relates to paragraphs 13 and 15 of Schedule 2. Paragraph 13 amends the Merchant Shipping Act 1995 by inserting a new section 136A. An amendment to section 136A by Schedule 3 to the 1999 Act is also commenced by article 2(2)(f) of this Order. Paragraph 15 inserts a new paragraph (i) into section 5(5) of the Environment Act 1995 (“the 1995 Act”).

Article 2(2) of the Order brings into force on 1st April 2015, section 6(2) of, and Schedule 3 to, the 1999 Act insofar as it relates to the repeals set out in that paragraph.

Article 2(2)(a) of the Order commences the repeal of certain words in section 11A(1) of the Prevention of Oil Pollution Act 1971.

Various repeals to the Environmental Protection Act 1990 (“the 1990 Act”) are listed in Schedule 3 to the 1999 Act. Part 1 of the 1990 Act comprises sections 1 to 28 and all of these sections are listed for repeal in Schedule 3 to the 1999 Act. Sections 5, 16, 17 and 18 of the 1990 Act have already been repealed by the 1995 Act, which also partially repealed sections 20, 23 and 28. Article 2(2)(b)(i) of this Order completes the repeal of Part 1 of the 1990 Act, other than sections 20 and 21 which remain in force. The repeal of Schedule 1 to the 1990 Act is also commenced. The repeal relating to section 79(10) of the 1990 Act listed in Schedule 3 to the 1999 Act is not brought into force by this Order as section 79(10) has already been repealed by Schedule 3 to the Regulatory Reform (Scotland) Act 2014 (asp 3) (“the 2014 Act”).

Sub-paragraphs (c), (d), (e) and (f) of article 2(2) of this Order commences the repeals listed in Schedule 3 to the 1999 Act which relate to the Water Consolidation (Consequential Provisions) Act 1991, the Clean Air Act 1993, the Radioactive Substances Act 1993 and the Merchant Shipping Act 1995.

Schedule 3 to the 1990 Act also provides for the repeal of various provisions in the 1995 Act. Article 2(2)(g) of this Order commences all of these repeals except the repeal which relates to section 33(5)(e) of the 1995 Act. The whole of section 33(5) of the 1995 Act has already been repealed by Schedule 3 to the 2014 Act.